HomeMy WebLinkAboutBOS MINUTES 6-10-1970June 10, 1970
Meeting called at 7:31 P.M.
All members present, and the Town Manager.
The minutes of the previous meeting, executive meetings of May 27 and June 2,
were accepted as submitted, also minutes of May 28 meeting regarding Solid
Waste hearing.
Upon a motion by Selectman Zecher, seconded by Selectman Conroy it was voted
to approve the Treasurer's Warrant in the amount of $31,136.57.
Letter received from SRPEDD enclosing a form letter which would support an
application for a ItMulti- purpose Watershed Project" under Public Law 566,
requesting that a representative of the Board present this letter to the
Bristol Conservation District on June 17, 1970.
Another letter was received from SRPEDD regarding action taken by its Law
Enforcement Supervisory Committee requesting that the chief elected officials
of each town instruct or request all law enforcement agencies to cooperate
and participate fully in all of the District's law enforcement Planning
and action efforts. Upon a motion by Selectman Main, seconded by Selectman
Zecher it was voted to send a letter advising that the town would continue
to support the Law Enforcement Supervising Committeels request.
( Letter received from the Chairman of the Sharon Board of Selectmen regarding
the Penn Central Railroad's proposal to discontinue all local trains between
Boston and Providence on weekends and off -peak hours. The letter advised
that the Sharon Board had written to the I.C.C. and its Transportation Ad-
visory Board has requested that a hearing be held by the I.C.C. in the area
so that the towns involved may be adequately represented. It was requested
that Mansfield also contact the I.C.C. to enlist their aid, and that a meet-
ing be arranged to coordinate the efforts of the towns involved. Another
letter was also received from Mrs. Anne Giovino of 248 Pratt Street regard-
ing the proposed cutback of service with abtadhed'r:cdpies of signed petitions
which were sent to I.C.C. signed by commutors in the various towns. After
discussion, upon a motion by Selectman Zecher, seconded by Selectman Conroy
it was voted to send a letter to the I.C.C. strongly opposing any further
reduction of service between Boston and Providence. Copy to be sent to
the Sharon Board of Selectmen.
Letter received from the D.P.W. advising the Town had been assigned the sum
of $2,000�for the Maintenance of Chapter 90 roads in Mansfield; plus'. :$2,000.
from the County, and the town'9 $2:5000. A contract covering the proposed
work will be prepared. Selectman Zecher stated that this amount repre-
sents a bi•g reduction from last year, and the Town Manager advised that
there had been a mistake made in figuring in the budget for the Chapter 90
figures which will have to be rectified at a Town Meeting,
Letter .,read from the Department of Public Works regarding the installation
of chain link fence along their property on expressways. The department
policy permits the installation of chain link fence during initial construct-
ion of a highway according to land use. After construction is completed,
if there is a change in this land use that necessitates a chain link fence,
then it becomes the responsibility of the abuttors. When expressways are
built, chain link fence is installed in the vicinity of existing homes, and
in fields and wooded areas stock fence is installed to prevent animals from
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wandering onto the highway, Recommended that the townts Planning Board
require developers to install chain link fence in developments that are
adjacent to expressways.
Upon a motion by Selectman Clemmey, seconded by Selectman Conroy it was
voted to grant a renewal Sworn Weighers license to Robert D. Alves for
Kirley Coal and Supply Company,
Upon a motion by Selectman Clemmey, seconded by Selectman Conroy it was
voted to grant a renewal Vehicle Milk and Cream license to Salois Sanitary
Dairy,
Upon a motion by Selectman Conroy, seconded by Selectman Main it was voted
to grant a Sunday license to the Coach and Four for 14 South Main Street,
Upon a motion by Selectman Clemmey, seconded by Selectman Conroy it was
voted to grant a Milk and Cream license to the Coach and Four.
Upon a motion by Selectman Clemmey, seconded by Selectman Conroy it was
voted to grant a Common Victualler's license to the Coach and Four.
Upon a motion by Selectman Clemmey, seconded by Selectman Conroy it was
voted to grant a two day beer and wine license to the Tri County Beagle
Club for June 20 and 21 with the restriction that no beercor wine is to
be sold until after 12 noon June 21,
The Town Manager advised that he would like�the Board's approval for hiring
an Engineer for the sewer assessment plan for West Street, The estimated
cost for this from West Street to Hodges Brook would be about $3,650. One
plan is for the assessment plan, and one is for a layout of West Street
and Gilbert Street in the amount of$3,325. The grade has to be changed,
and if both jobs were done together it would be cheaper, Selectman Clemmey
was opposed to going to Hodges Brook, stating that the sewer line should
go to the property line of Cabot, Cabot and Forbes, and they should be
responsible for inside of their property,
Selectman Saunders advised that money was appropriated for the layout of
Gilbert and West Streets at the special Town Meeting held in February.
Money was transferred from the Surplus Revenue Account which could be used
for the sewer assessment plan on West Street, The Town Manager read a letter
from the Director of Accounts advising that this money could be used for the
sewer assessment work. After a discussion, the Board agreed to do some more
research before approving the idea, and it was suggested that Paul Dalton
come here, have a plan that shows the layout, and discuss the matter further
Superintendent Ferrier of the Light Department advised the Board that he had
put out for bids the truck that will support the bucket tunit„ The bids had
to go out twice for clarification of the specifications. He explained the
bids received and after a discussion, upon a motion by Selectman Clemmey,
seconded by Selectman Conroy it was voted to purchase the truck for the bucket
unit from Old Colony Motors, Inc, at a cost of $41,29,31,
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After a discussion regarding the bids received for the bucket unit,
f upon a motion by Selectman Zecher, seconded by Selectman Main it was voted
to purchase the bucket unit from Henry Pierce Company of Walpole at a cost
of<$10,877.
Richard Estes and Mason Colby from Camp, Dresser & McKee were present to dis-
cuss the Storm Drainage Report. Mr. Colby explained that an all over survey
of the whole town was done to see where drainage was needed and came up with
the Back Bay brook area which should come first. The drainage system in town
is terrible. Selectman Zecher questioned about cleaning out brooks, Canoe
River, Hodges Brook, Mill Street and other bad spots in town, before the Back
Bay brook which is a larger project. He was advised that the report contains
proposals for improvements where drainage is poor. After further discussion,
the Board agreed to have a public hearing for everyone concerned over drainage
problems, and Tuesday, June 23 at 7:30 P.M. was set for the meeting. Repre-
sentative from Camp, Dresser and McKee will be present to answer questions re-
garding proposals in the report.
Upon a motion by Selectman Zecher, seconded by Selectman Conroy it was voted
to reimburse Camp, Dresser & McKee $500, in regard to supplemental agreement
between the Town and HUD for engineering services for Storm Drainage Improve-
ments, subject to taking money out of Account #496 -0.
Robert Saquet,,,President of the Mansfield Civic Association before the Board
to present three letters regarding policies within the town. One was regard-
ing the Board of Appeals having the right to license or regulate a business,
and if a business venture in an agricultural zone is it in keeping with the
intention of the Zoning By -Law, two was regarding a question regarding the
new Light Department sub - station stating the former owner never accepted pay-
ment from the town for the land, and three was concerning the town accepting
a railroad grade crossing across Oakland Street, and a question regarding
the payment fortheireloedt16o of Maple Street.
Upon a notion by Selectman Zecher, seconded by Selectman Main it was voted to
request the Finance Committee for a transfer from the Reserve Fund in the amount
of $350, to the Selectments Expense Account item #151_7 for an appraisal.
Upon a motion by Selectman Zecher, seconded by Selectman Main it was voted to
request the Finance Committee for a transfer from the Reserve Fund to the Ambu-
lance Expense Account item #356 -3
The Town Manager advised the Board that he had agreed to permit Bache Company
from Providence use of the Town Hall for three nights, namely, August 6, 15 and
20, 1970 to carry on classes in regard to stock brockerage.
Town Manager advised that he had been informed of the unsatisfactory maintenance
conditions at the Municipal Airport. All trees should be removed, and brush
and trees that have grown since area was cleaned should be removed- should
start some sort of program for this work.
The Town Manager advised regarding the trees to be removed, and since the bid
price was $500, more than the money available suggested that $500, be paid out
of the Light Department, since some of these trees could cause trouble for the
Department. Selectman Main read a letter from Bancroft, Inc. registering a complaint
( because they were not notified of the request for bids for the tree
removal, The Town Manager advised that it was not done intentionally,
and the bids were advertised.
After a discussion regarding the Town Manager +s suggestion regarding the
$500, upon a motion by Selectman Clemmey, seconded by Selectman Conroy;
it was voted to approve the $500, being paid by the Light Department to
take care of the whole list of trees as advertised, 3 -2 vote - Selectman
Zecher opposed, Selectman Main abstained from voting.
Upon a motion by Selectman Clemmey, seconded by Selectman Conroy it was voted
to award the contract for painting the Town Hall trim to Graham 8, Son, low
bidder in the amount of $1,780.
Upon a motion by Selectman Conroy, seconded by Selectman Clemmey it was voted
to award the bid for blacktopping Tremont, Pratt and Bast Streets, and the
Airport Runway.to the lowbidder,:J, H. Lyhch,.of:CumbQrland, R.I. Selectman
Main abstained from voting,
Walter Holm, Chairman of the Industrial & Development Commission before the
Board , He stated that the town is being well taken care of with the new
industrial parks, The Commission does not operate under any particular
charter, and have no particular goals at the present time. Requested direct-
ion from the Board as to what they should be doing with these two industrial
parks in town, also afraid that the town would be over industrialized if more
industry is sought for the town. After a discussion it was agreed that the
Board would meet with the Industrial & Development Commission July 1 to see
what could be done about the situation,
Richard Driscoll, Clerk of the Board of Appeals before the Board, and Robert
Mendes, Chairman of the Planning Board, Mr, Driscoll read a prepared state-
ment questioning the Planning Board's responsibility intrelatiOn to'delaying'the
signing of plans, and questioning whether or not a petitioner has enough gravel
to remove or not, among other incidents described in the statement, (Copy
of statement attached to minutes). After a discussion, with Chairman Mendes
arisi4dring- some of the statements made, Selectman Clemmey advised that he did
not think the Selectman could make a decision, both.Boards should get together
with the Town Counsel, as the Board of Appeals has requested an opinion from
the Town Counsel, A meeting was arranged with the Town Counsel for Tuesday,
June 16, 1970 for a discussion, Selectman Clemmey advised that he would like
to go to this meeting as an interested citizen.
Upon a motion by Selectman Clemmey; seconded by Selectman Zecher it was voted
to send a letter to the Southeastern Regional Planning and Economic Develop-
ment Commission sponsoring the Multi-Purpose Watershed Project under Public
Law 566,
Upon a motion by Selectman Conroy, seconded by Selectman Main it was voted to
write a letter to Fred Schulz expressing appreciation for his donation of
his equipment for the excavation of the Maple Park swimming area.
Upon a motion by Selectman Conroy, seconded by Selectman Clemmey it was voted
to go into executive session.
The regular meeting adjourned at 10:40 P.M.
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As Alork of the Zoning Hoard of Appeals, t would Like to question
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thn Planning Boards area of Vt'sponsibi.litta'
O O of their recent actions and delaying tactics have hamporod
hta.tnai.v,neac . o Of the Board of.A,ppoa.ls.
17 Wto some specific situations, a topo Wap for the removal of
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gniv: l from land OWWW by Paul %,(S<3per was Submitted to the
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Planning Board on Fobr"a'ry 16th. Notice of a= public hearing to
110 held on Mnreh loth was advertised in the local newspaper
and all othev requited steps ic0 o taken. As the hearing was
tfrn}rOnPCr it was noticod that the E'laistraiug board had fai).odi to
t
eaf n zdX d [ lt6 }J attempt uXY communication with i t S board
Of HMO as t0 the cause Of the fi(3ljay+. The hearing was than '
postponed to a 'now date. As the date of the now heaving
approached it was again evident. that ,itile Planning Board had
failed t.o take any action on said plan SO the hearing was opened
and kfs Od.itatOty clOsOd and the petitioner notafi.od that a new
hearing woMM have to be registered and agn.in advertised.
The socood en o ia;a'oXioS a request to the Nanning Board to
roviop t ttopo nap , suul3:it;. €'od to tta!€ n for Cho X'o novRl of gravel
on Nillow Qrotat,
A notice was kC t @'+_GGd from the said Planning Board stating
they would not approve said plan for the following mason,.
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"The Planning Board hAs V.Yowod the land under application and
finds that, A the itinion of the board, thorn in oot gu Mc T oni
"000C r . gravel to recommend the granting of the permit, we
alt. €. M1 that Girl;(w Krout is too dangerously dosignod to make
to ha1oliog of earth In any q"anUtf°. ..
The ltiaa}, td has voted to rof"sop signing the plan until or un1osg
t�tf WHOM £i ut: t', can provide cvidanno of Lttisfa,t.,r, intent,
in addition, the it_1Okd has notified ej tot Department of Public
NOM con :.ruing he application >? it Palls in the proposed -
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orri o of Route 5 snd/o. Route qqo,tr
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,ttl nV tho asbov f'.f ?;;i! {q 211: '.it a yen fanvO no hearing On the petition
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and pro bo and al c,i z"<.'W OV responsibility as defined in Section
jt( Article r'r Paragraph '!. The plan is submitted to thew t:0
ipsoci - Lunt t:he contents nts al er completion Of the pint r (at ion are in
hlrnc"Y with ti , surrounding t ton and that the map, r, such,
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(elf i tit ty 51anilnrds, -
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TbO PlInnIN W ti in not qualified to 1st e
[ 1 !.> at llQf i {:a �, 3 l)lr�it l l lOnl',(
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1 i a;��i �, a.i Sc to remove no They also cannot regulate
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- A ,ti On a M a r. WaY 3{nl alt' relocation of Roo ! ) P
� (. (: 111 tJ V S after
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(.t, Knui nod has no boating ring n said application.
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€ Tho third and final 9. It C,a Oont: which prompted this tactioa toot
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TJ1000 An the off inn of the Planning Board on the Right of KO K,
At that tines i presented to the Planning Board it sat; of plans
ft ?; C; f9ldl f; lh7lC dwelling GOflh74C +x located Eati Tremont Strout.
lht _ plans iti'C:va rejected by said board on Cho grounds that:
" though 0 stamp tip, a a091st:arod Professional hEag.Y,i?f4or f7F1Sk
which according to our By haw, Section , Article V,
Paragraph t was all that was rC.quAv?d. .
%,. Tho MY of the plo t plan was not adequate.
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3, The nano of parson or persons who would be tbo owner rir
slovolopor of said dovolopmont was not shown,
The above reasons for rejection are bE7 }=and the authority OE, the
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Planning UOa'rd,
On a t,c °tUa,l visit to S(aktl E101tids E asked for an explanation `3ElCi
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and r what `ttfthow.ty these rejections ware made. Y volt that
.. the an>l o;e.: given by the chairman of the Planning Board Nero
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insufficient to warrant rejection. T40 By Law regulating Multiple
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dwellings spolls out very clearly the limitations of the- hs!dCsk #k7S,ng
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gourds A'P,Sp9723ibz,lit )'.
The Planning Board, Zoning Board Of Appeals and the Building
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inspector were ost,abli5bod with V!3',:y wall doke''?tiod
This Corti of cheek and balance was established to insure the
fairost treatment to a C`f.t f. '1. 1;Yk i?i : {] the town {l!'3t[ to Wow h }3j
of hot full '!.'C}t'Of7:f so of the 1 k
T thorofo O fuel that time Planning Board „fast: bo told the jj,jto,,,,
t2,0$tS of their :t s n'>i7l1 :31b.a.l:r. i; `;` €1 ltd also what obligation they h <'-.'."'6
"nder present By Laws in dealing with 't{lt Appu al n Board.
Yen, the Board Or S0I00':IBftlit ns the appointing authority must
resolve this problem immediately and stop this continuous ntoxn
Malice into the operations (eft the Zoning Board of Appeals!
P. s tic'r,Cut iv Yours,
MICAM BMW!
Wyk, Pdfansfic ld
Zoning Board of Appeakl
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